[aprssig] No More Mobile APRS In California
smokeybehr at sbcglobal.net
Fri Sep 26 09:50:15 CDT 2008
Here you go, Dave:
BILL NUMBER: SB 28 CHAPTERED
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2008
APPROVED BY GOVERNOR SEPTEMBER 24, 2008
PASSED THE SENATE AUGUST 21, 2008
PASSED THE ASSEMBLY AUGUST 13, 2008
AMENDED IN ASSEMBLY AUGUST 4, 2008
AMENDED IN ASSEMBLY JUNE 19, 2008
INTRODUCED BY Senator Simitian
DECEMBER 4, 2006
An act to amend Section 12810.3 of, and to add Section 23123.5 to,
the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 28, Simitian. Motor vehicles: electronic wireless
(1) Under existing law, on and after July 1, 2008, it is an
infraction for any person to drive a motor vehicle while using a
wireless telephone, unless that telephone is designed and configured
to allow hands-free listening and talking operation, and is used in
that manner while driving, except as otherwise provided. A violation
point is not given for a violation. A violation is punishable by a
base fine of $20 for a first offense and $50 for each subsequent
This bill would also prohibit a person from driving a motor
vehicle while using an electronic wireless communications device to
write, send, or read a text-based communication, except as specified.
The bill would also provide that a violation point is not given for
a violation of these provisions and would impose a base fine of $20
for a first offense and $50 for each subsequent offense. By creating
a new infraction, the bill would impose a state-mandated local
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12810.3 of the Vehicle Code is amended to read:
12810.3. (a) Notwithstanding subdivision (f) of Section 12810, a
violation point shall not be given for a conviction of a violation of
subdivision (a) of Section 23123, subdivision (a) of Section
23123.5, or subdivision (b) of Section 23124.
(b) This section shall become operative on July 1, 2008.
SEC. 2. Section 23123.5 is added to the Vehicle Code, to read:
23123.5. (a) A person shall not drive a motor vehicle while using
an electronic wireless communications device to write, send, or read
a text-based communication.
(b) As used in this section "write, send, or read a text-based
communication" means using an electronic wireless communications
device to manually communicate with any person using a text-based
communication, including, but not limited to, communications referred
to as a text message, instant message, or electronic mail.
(c) For purposes of this section, a person shall not be deemed to
be writing, reading, or sending a text-based communication if the
person reads, selects, or enters a telephone number or name in an
electronic wireless communications device for the purpose of making
or receiving a telephone call.
(d) A violation of this section is an infraction punishable by a
base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.
(e) This section does not apply to an emergency services
professional using an electronic wireless communications device while
operating an authorized emergency vehicle, as defined in Section
165, in the course and scope of his or her duties.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
John "Smokey Behr" Gleichweit FF1/EMT, CCNA, MCSE
IPN-CAL023 N6FOG UP Fresno Sub MP183.5 ECV1852
List Owner x10, Moderator x9 CA-OES 51-507
----- Original Message ----
From: Dave Haynes <dave at ep90.com>
To: TAPR APRS Mailing List <aprssig at lists.tapr.org>
Sent: Friday, September 26, 2008 1:42:44 AM
Subject: Re: [aprssig] No More Mobile APRS In California
Any links to the actual wording of the legislation Andy?
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